Burke & Anor v O'Kane and Devine Construction Ltd [2013] NIQB 83 (28 June 2013)

Burke & Anor v O'Kane and Devine Construction Ltd [2013] NIQB 83 (28 June 2013)

There was insufficient excuse for failing to comply with the Rules. The defendant did not seek extension before expiry, had avenues to remedy information gaps, and permitting late lodgement would undermine the Rules and set a dangerous precedent.

Citation
[2013] NIQB 83
Parties
Plaintiff/appellant: Kevin Burke; Plaintiff/appellant: Phyllis Burke; Defendant/respondent: O'Kane and Devine Construction Limited
Jurisdiction
Northern Ireland
Judgment Date
28 June 2013
Procedural Posture
Appeal / Interlocutory Order
Outcome
appeal allowed; permission for late lodgement refused
Legal Topics
Extension of Time, Late Lodgement, Building Disputes, Negligence, Breach of Contract, Breach of Statutory Duty
Civil Procedure Contract Law Tort Law Extension of Time Late Lodgement Building Disputes Negligence Breach of Contract +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Kevin Burke

Plaintiff/appellant

Phyllis Burke

Plaintiff/appellant

O'Kane and Devine Construction Limited

Defendant/respondent

Procedural Posture

Appeal / Interlocutory Order

Legal Issues

  1. 1 Whether sufficient excuse exists for late lodgement under Order 43 Rule 10 of the County Court Rules (Northern Ireland) 1981
  2. 2 Whether the defendant should be permitted to make a late payment into court

Ratio Decidendi

There was insufficient excuse for failing to comply with the Rules. The defendant did not seek extension before expiry, had avenues to remedy information gaps, and permitting late lodgement would undermine the Rules and set a dangerous precedent.

Court Disposition

appeal allowed; permission for late lodgement refused

Orders

  • Decision of County Court reversed
  • Permission for lodgement refused